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(영문) 수원지방법원 2016.02.03 2015고단5863
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 14, 2015, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the support of Suwon Friwon, and the judgment became final and conclusive on December 30, 2015.

1. On November 14, 2014, the Defendant committed a crime on November 14, 2014, at a convenience store located in Suwon-si Co., Ltd. B around November 14, 2014, the Defendant: (a) laid down a foot that was prepared in advance to the victim D, who works as a source of origin at the convenience store located in Suwon-si C, Suwon-si; (b) and (c) “Is the head of the inside and what you want.” (c) “Is the head of the inside and what you want to leave this half” and “Is the 90,000 won.”

However, the defendant did not have any intention or ability to pay the borrowed money, not between the convenience store and the convenience store.

Nevertheless, the defendant deceivings the victim as above and received 90,000 won in cash from the victim.

2. On November 24, 2014, the Defendant committed a crime on November 24, 2014, at the F convenience store located in Suwon-si, Suwon-si, Suwon-si, the point of which was located as the source of origin, and the Victim G, who had been working at the place of the F convenience store located in Suwon-si, Suwon-si, the Defendant did not pay any money to the victim G, who was well aware of the inside and outside of Korea.

The main test is to return money in the last time after having already set the horses, and then after having set the Ansan, it will return money.

The paper presented the question of whether the fakes prepared in advance were false or not.

However, the defendant did not have any intention or ability to pay the borrowed money, not between the convenience store and the convenience store.

Nevertheless, the defendant deceivings the victim as above and received 160,000 won in cash from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D or G by the police;

1. A protocol of seizure and a list of seizure;

1. The photograph of a fake gold-bus;

1. Previous convictions: Results of inquiry, inquiry of summary information of the case, and application of the text of the judgment;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The aggravated Criminal Act for concurrent crimes.

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